1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2836 OF 2015

SHASHIKALA & ORS.

APPELLANT(S)

VERSUS

GANGALAKSHMAMMA & ANR.

RESPONDENT(S)

O R D E R

This appeal is before three-judge Bench because of

difference of opinion between the Hon’ble Judges of this

Court. The difference of opinion was only on the issue

whether the future prospects are to be taken into

consideration for awarding compensation when the deceased

is self-employed person. That difference of opinion has

been resolved by the Constitution Bench’s decision

rendered in the case of National Insurance Co. Ltd vs

Pranay Sethi & Ors. - (2017) 16 SCC 680, and that issue

is, therefore, no longer alive.

As far as the present case is concerned, the

deceased viz., H.S. Ravi was aged 46 years and he was

engaged in transport business. His income as assessed by

the two-Judge Bench of this Court was Rs.2,02,911/-. In

terms of the judgment in Pranay Sethi & Ors. (supra),

Digitally signed by

SANJAY KUMAR

Date: 2019.02.20

16:50:47 IST

Reason:

Signature Not Verified

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twenty five per cent of the income has to be added

towards future prospects to the compensation which would

come to Rs.50,728/- and thereafter, the income is worked

out to Rs.2,53,639/-. Ten per cent of the said amount

i.e. Rs.25,364/- is deducted towards income tax.

Professional tax of Rs.2,400/- and the income from the

house property shown to be Rs.20,000/- are also liable to

be deducted and after deducting the same, the net amount

comes to Rs.2,05,875/-. Deducting 1/4th (one fourth)

towards personal expenses which comes out to Rs.51,469/-,

the loss of dependency/loss of contribution is arrived at

Rs.1,54,406/- per annum. Applying the multiplier of 13,

the total loss of dependency is calculated at

Rs.20,07,280/-. A sum of Rs.70,000/- has to be added for

loss of consortium, funeral expenses and loss to the

estate in terms of the case in Pranay Sethi & Ors.

(Supra). The award is accordingly modified and enhanced

to Rs.20,77,280/- which is rounded off to Rs.20,80,000/-.

We also direct that interest at the rate of 9% per

annum shall be payable on the aforesaid amount from the

date of filing of the claim petition till the date of

realisation. The enhanced amount shall be paid to the

claimants within three months from today.

Needless to say that the amount already paid or

deposited shall be adjusted while depositing the enhanced

compensation awarded by this Court. It is also made clear

that after payment of Rs.1,00,000/- to the father of the

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deceased, the balance amount of compensation shall be

shared equally by the other four claimants.

With the aforesaid directions, the appeal is

disposed of.

.....................J

[S.A. BOBDE]

.....................J

[SANJAY KISHAN KAUL]

.....................J

[DEEPAK GUPTA]

NEW DELHI;

FEBRUARY 14, 2019.

4

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.13696 OF 2015

NATIONAL INSURANCE COMPANY LTD.

APPELLANT(S)

VERSUS

MALTI & ORS.

RESPONDENT(S)

O R D E R

None appears on behalf of the appellant – Insurance

Company.

We have heard Mr. Vijay Kumar, learned counsel

appearing for the respondents.

The only issue involved in this appeal is whether

future prospects could have been taken into consideration.

This aspect of the matter has already been decided by the

Constitution Bench of this Court in the case of National

Insurance Co. Ltd vs Pranay Sethi & Ors. - (2017) 16 SCC

680.

Accordingly, the civil appeal is dismissed.

.....................J

[S.A. BOBDE]

.....................J

[SANJAY KISHAN KAUL]

.....................J

[DEEPAK GUPTA]

NEW DELHI;

FEBRUARY 14, 2019.

5

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.177 OF 2017

POOJA & ORS.

APPELLANT(S)

VERSUS

NATIONAL INSURANCE COMPANY LTD. & ORS.

RESPONDENT(S)

O R D E R

The only issue involved in this appeal is whether

the